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Seventh Circuit rejects broad-side attack on child porn guidelines

By Douglas A. Berman

The Seventh Circuit today handed down an intriguing little per curian opinion dealing with the federal child porn guidelines in US v. Huffstatler, No. 08-2622 (7th Cir. June 30 2009) (available here). Here are the choice quotes: [W]e need not ultimately decide whether Kimbrough gives district courts the discretion to disagree with the child-pornography guidelines on policy grounds, because Huffstatler does not contend that the district court abused its discretion. See United States v. Taylor, 520 F.3d 746, 747-48 (7th Cir. 2008).  He argues instead that the methodological flaws that supposedly run through the child-pornography guidelines invalidate them entirely.  Thus, he submits, not only may a district court sentence below the child-exploitation guidelines based on policy disagreements with them, it must...continue to full post

Full post as published by Sentencing Law and Policy on June 30, 2009 (boomark / email).